Section 47-1-002 - APPLICATION FORM AND REQUIREMENTS002.01 Applications are required to be on a form prescribed by the Director.002.02 The Director has the discretion to require additional information on any application, where the initial application or any background search provides information that may necessitate the Department's collection of additional information to ensure that the application is substantially complete, and that the applicant meets the statutory requirements under the Act.002.03 Upon application for a charter to conduct operations as a digital asset depository, the Department will make a careful investigation and examination of the character, reputation, criminal record, financial standing, and ability of any direct owners effecting ten percent (10%) or more of the digital asset depository, as well as any indirect owners effecting ten percent (10%) or more of any direct owner, which affects ten percent (10%) or more of the digital asset depository. 002.03A Pursuant to Neb. Rev. Stat. § 8-3012(1), an adult person must be a natural person and cannot be a legal entity.002.03B Pursuant to Neb. Rev. Stat. § 8-3018(3), "a misdemeanor involving any aspect of a digital asset depository business or any business of a similar nature" means a misdemeanor under any state, territory, or federal law which involves dishonesty or fraud, or which involves any aspect of a digital assets business or platform, financial institution, depository institution, mortgage business, money lending, check cashing, or other similar business.002.03C Pursuant to Neb. Rev. Stat. § 8-3018(3), "felony" means any felony under state, territory, or federal law.002.03D "Felony" and "misdemeanor" as used within Neb. Rev. Stat. § 8-3018(3), also include foreign criminal offenses of a comparable nature or severity.002.03E The Director may require any individual listed in an application as a shareholder, director, or officer to provide documentation of character, reputation, criminal record, financial standing, ability, and business qualifications by any means satisfactory to the Director.002.03F Inability of any individual listed in an application to locate and obtain any documentation requested by the Director does not relieve the listed individual of providing the requested documentation to the Director.002.03G Unavailability of foreign jurisdiction documentation equal to information provided in the United States, or its territories, for its citizens, that is requested by the Director for an individual listed in an application does not relieve the listed individual of providing the requested documentation.002.03H Individuals listed in applications may use independent third parties, approved by the Department, to assist in attaining and submitting personal information, or background reports, required by the Director for an application. Any independent third party used must submit individual background information to the Department directly in a secure manner.47 Neb. Admin. Code, ch. 1, § 002
Adopted effective 5/29/2024